Notices of Amendments: 26 June 2009

18

Marine and Coastal Access Bill-[ [], continued

Huw Irranca-Davies

21

Clause  21,  page  15,  line  1,  after ‘by’, insert ‘the MMO or’.

Member’s explanatory statement

This amendment would insert a reference to the MMO in clause 21(4) to ensure that Schedule 15

to the Deregulation and Contracting Out Act 1994 (restrictions on disclosure of information)

applies where the MMO authorises the performance of a function under clause 15 or clause 19(6).

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

5

Clause  23,  page  15,  line  14,  leave out ‘(6)’ and insert ‘(10)’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

6

Clause  23,  page  16,  line  26,  at end insert—

‘(5A)

After section 60 insert—

“60A	Advice from the Marine Management Organisation

(1)	Subsection (2) applies where the Commission—

(a)	has accepted an application for an order granting development

consent, and

(b)	has received—

(i)	a certificate under section 58(2) in relation to the

application, and

(ii)	where section 59 applies, a notice under that section in

relation to the application, and

(c)	the development for which the application seeks development

consent would affect, or would be likely to affect, any of the

areas specified in subsection (2).

(2)	The areas are—

(a)	waters in or adjacent to England up to the seaward limits of the

territorial sea;

(b)	an exclusive economic zone, except any part of an exclusive

economic zone in relation to which the Scottish Ministers have

functions;

(c)	a Renewable Energy Zone, except any part of a Renewable

Energy Zone in relation to which Scottish Ministers have

functions;

(d)	an area designated under section 1(7) of the Continental Shelf

Act 1964, except any part of that area which is within a part of

an exclusive economic zone or Renewable Energy Zone in

relation to which the Scottish Ministers have functions.

Notices of Amendments: 26 June 2009

19

Marine and Coastal Access Bill-[ [], continued

(3)	The Commission must give notice in writing to the Marine Management

Organisation, inviting it to submit to the Commission advice on the

principal issues arising on the application which would affect, or would

be likely to affect, any of the areas specified in subsection (2).

(4)	A notice under subsection (3) must specify the deadline for receipt by the

Commission of the advice.”’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

7

Clause  23,  page  17,  line  6,  at end insert—

‘(8)	In section 104 (decisions of Panel and Council) after subsection (2), insert—

“(2A)

The Panel or Council shall take any advice or representations received

from the Marine Management Organisation into account—

(a)	in deciding whether or not to make an order granting

development consent, and

(b)	if it does decide to do so, in deciding what (if any) requirements

are to be imposed in connection with the development for which

consent is granted.”.

(9)	In section 105 (decisions of Secretary of State) in subsection (2), after paragraph

(c) insert—

“(3)	The Secretary of State shall take any advice or representations received

from the Marine Management Organisation into account—

(a)	in deciding whether or not to make an order granting

development consent, and

(b)	if it does decide to do so, in deciding what (if any) requirements

are to be imposed in connection with the development for which

consent is granted.”.

(10)	In section 116 (reasons for decision to grant or refuse development consent) after

subsection (1) insert—

“(1A)

Where the Commission has received advice from the Marine

Management Organisation, the reasons for decision to grant or refuse

development consent must include a statement of how (if at all) the

Commission has taken account of the Marine Management

Organisation’s advice.”’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

8

Clause  25,  page  17,  line  31,  at end insert—

Notices of Amendments: 26 June 2009

20

Marine and Coastal Access Bill-[ [], continued

‘(2A)

The MMO must advise the Infrastructure Planning Commission on all nationally

significant infrastructure projects that are in or impact upon the UK marine area

as defined in section 42.’.

Huw Irranca-Davies

22

Schedule  4,  page  236,  leave out from beginning of line 35 to end of line 8 on page 237.

Member’s explanatory statement

This amendment would delete paragraphs 6 to 8 (amending the Fishery Limits Act 1976). These

provisions are redundant following a decision to deal with the issue in the transfer of functions

order that will be made to transfer fisheries functions in the Welsh zone to Welsh Ministers.

Huw Irranca-Davies

25

Clause  319,  page  223,  line  41,  leave out subsection (2).

Member’s explanatory statement

The effect of this amendment would be to remove the “Privilege Amendment” which was inserted

at Third Reading in the Lords to avoid infringement of the financial privileges of the Commons.

Remaining new clause

Amendment of Planning Act 2008

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

NC1

To move the following Clause:—

‘In section 104 of the Planning Act 2008 (decisions of Panel and Council) at end

of subsection (2) insert—

“(b)	any advice from the Marine Management Organisation on

applications which are in or are likely to impact on the UK

marine area.”’.

Order of the House [23 JUNE 2009]

That the following provisions shall apply to the Marine and Coastal Access Bill

[Lords]:

Notices of Amendments: 26 June 2009

21

Marine and Coastal Access Bill-[ [], continued

Committal

1.	The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 16 July 2009.

3.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.	Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.	Any other proceedings on the Bill (including any proceedings on

consideration of any message from the Lords) may be programmed.

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Revised 29 June 2009